Update on CPAP and BPAP Litigation
Many doctors recommend treating sleep apnea with Positive Airway Pressure (PAP) therapy in which patients use an airway pressure device to prevent their upper airway tissues from collapsing while they sleep. Two of the most widely used PAP devices, the CPAP (Continuous Positive Airway Pressure) and the BIPAP (Bi-Level PAP) were recalled in June 2021.
The device manufacturer, Philips Respironics, recalled the devices due to concerns that consumers could be inhaling cancer-causing chemicals through polyurethane foam that’s embedded in the devices. Not too long after the recall was announced, consumers began filing class-action lawsuits against the manufacturer.
This recall has already impacted millions of people who suffer from sleep apnea. Do you or a loved one use a CPAP or BIPAP machine to treat sleep apnea? You may be eligible to file a lawsuit and receive financial compensation.
Here’s what you need to know about the CPAP and BIPAP litigation
1. Philips Respironics publicly announced a mass safety recall of 14 models of CPAP and BiPAP breathing machines on June 14, 2021.
The recalled models include the DreamStation ASV, DreamStation ST, AVAPS, SystemOne ASV4, C Series ASV, OmniLab Advanced Plus, SystemOne (Q Series), DreamStation CPAP, DreamStation Auto CPAP, DreamStation BiPAP, DreamStation Go, Dorma 400, Dorma 500 CPAP, REMStar SE Auto CPAP, Trilogy 100 and 200 Garbin Plus, Aeris, LifeVent and A-Series BiPAP. The recall was prompted by the discovery that the PE-PUR sound foam in the machines may break down and get inhaled or ingested by users. The PE-PUR foam contains volatile organic compounds (“VOCs”) that are carcinogenic and toxic to internal organs.
2. Philips Respironics admitted that inhalation of the PE-PUR foam by CPAP machine users can cause serious and even life-threatening damage to the respiratory system.
Typically, the defendant does not admit fault in cases like these, and the difficult part is proving that the product causes injury. In this case, Philips is already admitting fault; however, there is evidence that the device manufacturer was aware of the problem long before it issued the public safety notice. Both of these facts will likely benefit the personal injury victim during litigation.
3. CPAP and BIPAP lawsuits have been consolidated into an MDL class action lawsuit in Pennsylvania.
On Nov. 12, 2021, the MDL class action Judge Joy Flowers Conti put out the first order to get the CPAP lawsuits moving forward. The initial status conference will be held on December 15, 2021. MDLs are used to save time and money while ensuring similar outcomes in lawsuits that involve large numbers of people and contain related allegations. This means that if you have been injured by a CPAP or BIPAP device, you must file your own personal injury claim to seek any compensation.
Have you or a loved one suffered side effects from using a CPAP or BIPAP device?
Anyone who has used a recalled Philips device and suffered from side effects as well as those who lost a loved one because of these injuries may be eligible to file a lawsuit. You have a right to file a personal injury claim for potential compensation to cover past or future medical bills and any pain and suffering. If you aren’t sure if you qualify to file a lawsuit, an experienced personal injury attorney can help you determine your eligibility at no cost to you. Time is limited, so make sure you speak to an attorney right away!
Call Mark Petro of Petro Accident and Injury Attorneys to File a CPAP Lawsuit
Call Petro Accident and Injury Attorneys today for a free consultation about your injury. Mark Petro has built a reputation of being the go-to guy to get personal injury claims like this handled in a manner that maximizes the amount of recovery so that you get what you deserve sooner rather than later. You have nothing to lose and everything to gain by calling our personal injury law firms in Alabama. Call Mark and let us fight for you!
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